The Osaka High Court ruled Japan’s ban on same-sex marriage unconstitutional, joining other courts in similar rulings. The decision emphasized violations of equality rights under the Japanese Constitution. While same-sex partnerships exist at a local level, comprehensive legal recognition and protections remain insufficient.
On Tuesday, the Osaka High Court declared Japan’s prohibition of same-sex marriage unconstitutional, marking a significant judicial decision in the nation. This ruling positions Osaka as the fifth court to take such a stand, following previous verdicts by high courts in Sapporo, Tokyo, Fukuoka, and Nagoya, underscoring a growing judicial consensus against the ban.
Presiding Judge Kumiko Honda upheld the Osaka District Court’s decision regarding damages but asserted that the existing Civil Code and Family Register Act, which do not recognize same-sex marriages, infringe upon the right to equality guaranteed by Article 14 of the Japanese Constitution. This article stresses that “all of the people are equal under the law and there shall be no discrimination in political, economic or social relations… “. Furthermore, the court found the marriage ban inconsistent with Article 24, which emphasizes the essential equality of the sexes in legal matters concerning marriage and family.
In a landmark case from 2019, three same-sex couples had initiated legal action against the Japanese government, seeking damages of 1 million yen (approximately $7,400) per individual. They were part of a broader cohort of 14 couples who had filed lawsuits across multiple cities. After the Osaka District Court ruled in June 2022 that the ban on same-sex marriage was constitutional, this decision was subsequently appealed.
Japan remains the only G7 nation that does not legally acknowledge same-sex marriage, prompting international calls for reform. Human Rights Watch has emphasized the importance of Japan aligning with other G7 countries by enacting legislation to counter discrimination against sexual and gender minorities. In the lead-up to the May 2023 summit, LGBTQ advocacy groups pressed the Japanese government for legalization of same-sex marriage, noting a societal shift towards greater acceptance.
Despite some strides, protections for sexual and gender minorities remain insufficient, according to Amnesty International. Although some municipalities offer partnership certificates to same-sex couples, these do not confer essential rights like inheritance or parental recognition, highlighting the gaps in legal protection for LGBTQ individuals in Japan.
The Osaka High Court’s ruling against the same-sex marriage ban represents a monumental step towards equality for LGBTQ individuals in Japan. As the fifth court to assert the unconstitutionality of the ban, this decision reinforces the need for legislative change. While recent initiatives show promise, the absence of comprehensive protections for sexual and gender minorities underscores the ongoing challenges that remain on the path to legal recognition of same-sex marriage.
Original Source: www.jurist.org
